HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Ruby Crisostomo
Applicant
-and-
The Ottawa Hospital, Marilyn Kendal, Julie Mckechnie and Heather Sherrard
Respondents
INTERIM DECISION
Adjudicator: Geneviève Debané Date: October 28, 2013 Citation: 2013 HRTO 1810 Indexed as: Crisostomo v. The Ottawa Hospital
WRITTEN SUBMISSIONS
Ruby Crisostomo, Applicant Self-represented
The Ottawa Hospital, Respondent Raquel Chisolm, Counsel
1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment.
2On September 27, 2013, the Tribunal issued Interim Decision 2013 HRTO 1627 which directed the respondents to file submissions in response to the applicant’s request that the Application be deferred pending the conclusion of the grievance and arbitration proceeding.
3On October 22, 2013, the Hospital filed detailed submissions in support of the deferral of the Application. The Hospital asserts that there are currently four outstanding grievances that have been filed by the applicant’s union, the Ontario Nurses Association and that two have been referred to arbitration.
DECISION
4The Tribunal may defer consideration of an application, on such terms as it may determine, on its own initiative or at the request of any party (Rule 14.1 of the Tribunal’s Rules of Procedure). The Tribunal must consider, in light of the particular circumstances of each case, whether deferral is the most fair, just and expeditious way of proceeding with the Application.
5Applying these principles to this case, and in light of the consent of the parties it is appropriate to defer this Application pending the completion of the grievance and arbitration process.
ORDER
6Accordingly, the Application is deferred pending the conclusion of the grievance and arbitration process. The Tribunal directs the parties’ attention to Rule 14 of the Tribunal’s Rules of Procedure which sets out the procedure if a party wishes to proceed with an application that has been deferred pending the conclusion of another proceeding.
7I am not seized.
Dated at Toronto, this 28th day of October, 2013.
“Signed by”
Geneviève Debané
Vice-chair